A request for help/guidance that i received from one of the readers.. Anyone out there that can help answer these questions..?? Anyone in the Trade or Legal fraternity..??
my company is in a little bit of a situation at present . 3 months ago we signe a contract for 2 x 40f containers of mattresses from china . we paid the 2 x deposits and the rest was balance payment upon copy b/l documents .
we paid for the first container and received it . after recieving it we noticed the quality was not good . . basically we had 2 different models but both of them was white in colour … however 1 model [ the most expensive one ] went a yellow colour .
we reported this by email to our supplier and asked them how the isse could be fixed for the future and also e wanted to know the reason why . 4 weeks later they never give me any info about this .. however we struggled to sell th goods so we took it upon ourselves to give discount .
so now the 2nd container has arrived and the balance payment has to be paid ..
i then asked the supplier why thye never got back to me and informed them we had severe problems with the colour disfiguration .. after a spell of emails they agreed to give me 50% discount on load 1 problematic mattress and if there was the same problem in load 2 they would use any further discount to act as the deposit for load 3 and 4 …. so they confirmed to me this in an email and confirmed after reciept of payment they would release the bill of lading and other documents …. so i accepted this on my companies behalf .
i then transfered the payment via my bank and there bank . on wednesday last they confirmed they received the payment and said they would ship the documents the next day .
this didnt happen and for 2 days i chased this up only until today they confirmed that they wanted the discount money paid to them as they are not happy and they will only relase the documents until after they receive th whole payment ..
basically they went back on there word and there agreement .
today my container has arrived in the port .. i contacted my forwarder and told him everything and he said he never came across anything like this before .
he asked me to send him al correspondance of there agreement of dicount and final settlement balance and also confirmation of bank transfer payment and any other relevant information . he then said he would forward this onto his agent in china and ask him how to look after this ..
basically it is my selected agent and shipping company … not the shippers !! however he did say to me that they have full control and can decide what to do … but he said hopefully our agent can look at it a bit differently and guide us as to what to do ..
so my point now is .. if they can pull a stunt like this and try not to honour there agreement .. how can i trust that the goods are actually on the container ? how can i be sure that the goods are what they say they are ??
can anyone help me on this because i am totally lost and dont know what to do next as we have orders to go and our cashflow is totally invested in this consignment . plus the fact it only 3 weeks to christmas and there is bills to pay etc ..
can anyone advise me what to do next ?
because i know they will not release any documents until ..